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Case Name Massachusetts Fair Housing Center v. HUD FH-MA-0007
Docket / Court 3:20-cv-11765-MGM ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
On September 28, 2020, the Massachusetts Fair Housing Center (“MFHC”) and Housing Works, Inc. (“Housing Works”) filed a complaint against the U.S. Department of Housing and Urban Development (“HUD”) and the Secretary of HUD (“Secretary”) in the U.S. District Court for the District ... read more >
On September 28, 2020, the Massachusetts Fair Housing Center (“MFHC”) and Housing Works, Inc. (“Housing Works”) filed a complaint against the U.S. Department of Housing and Urban Development (“HUD”) and the Secretary of HUD (“Secretary”) in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the defendants under the Administrative Procedure Act, 5 U.S.C. §§ 702-703, alleging that a new HUD rule (“the 2020 Rule”) limiting disparate impact claims under the Fair Housing Act (“FHA”) was contrary to law and arbitrary and capricious. The plaintiffs argued that the 2020 Rule contravened the language and intent of the FHA, as well as longstanding practice, by introducing new pleading and proof requirements and new defenses that would make it harder for victims to bring disparate impact claims and easier for violators to evade liability. The plaintiffs sought to enjoin the defendants from implementing the 2020 Rule until after this case was resolved. The case was assigned to Judge Mark G. Mastroianni.

The plaintiffs filed a motion for a preliminary injunction on October 6, 2020. The court granted the plaintiffs’ motion on October 25, 2020, finding that the defendant's purported justifications for the new rule appeared "inadequately justified." 2020 WL 6390143. Accordingly, the court enjoined the defendants from implementing the 2020 Rule until this case was resolved.

As of December 21, the case remains ongoing.

Becca Rogers - 12/20/2020


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-area
Housing Sales/Rental
Lending
General
Disparate Impact
Housing
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Secretary
U.S. Department of Housing and Urban Development
Plaintiff Description Fair housing organizations
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2020 - n/a
Filed 09/28/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  The Origins of Fair Lending Litigation
Date: Dec. 4, 2008
By: Andrew Nash (Washington University in St. Louis Law Student)
[ Detail ] [ PDF ] [ External Link ]

Court Docket(s)
D. Mass.
11/23/2020
3:20-cv-11765-MGM
FH-MA-0007-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Mass.
09/28/2020
Complaint for Declaratory and Injunctive Relief [ECF# 1]
FH-MA-0007-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Mass.
10/25/2020
Memorandum and Order Regarding Plaintiffs' Motion for Preliminary Injunction Under 5 U.S.C. § 705 to Postpone the Effective Data of HUD's Unlawful New Rule [ECF# 29]
FH-MA-0007-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Mastroianni, Mark Gerald (D. Mass.) show/hide docs
FH-MA-0007-0002 | FH-MA-0007-9000
Plaintiff's Lawyers Lee, Annie (Massachusetts) show/hide docs
FH-MA-0007-0001 | FH-MA-0007-9000
Lewis, Scott P. (Massachusetts) show/hide docs
FH-MA-0007-0001 | FH-MA-0007-9000
Makarious, Mina S. (Massachusetts) show/hide docs
FH-MA-0007-0001 | FH-MA-0007-9000
Sampson, Lauren (Massachusetts) show/hide docs
FH-MA-0007-0001 | FH-MA-0007-9000
Sellstrom, Oren M (Massachusetts) show/hide docs
FH-MA-0007-0001 | FH-MA-0007-9000
Defendant's Lawyers Andrapalliyal, Vinita (District of Columbia) show/hide docs
FH-MA-0007-9000
Todd, James D. (District of Columbia) show/hide docs
FH-MA-0007-9000
Other Lawyers Daniels, Joshua M. (Massachusetts) show/hide docs
FH-MA-0007-9000
Pasley, Clayton (Illinois) show/hide docs
FH-MA-0007-9000
Rossman, Stuart T. (Massachusetts) show/hide docs
FH-MA-0007-9000
Sirota, Eric (Illinois) show/hide docs
FH-MA-0007-9000
Tran-Leung, Marie Claire (Illinois) show/hide docs
FH-MA-0007-9000
Walz, Katherine Elizabeth (Illinois) show/hide docs
FH-MA-0007-9000
Williams, Renee M. (California) show/hide docs
FH-MA-0007-9000

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